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(영문) 창원지방법원마산지원 2014.10.10 2013가단6042
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from May 29, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the construction business, and Defendant B is a person who runs the construction business in the name of “E” in the name of “E” in the racing-si, and Defendant C is not a person who is the actual operator of the above E as between Defendant B and the husband and wife.

B. On December 6, 2011, the Defendants: (a) contracted the instant construction work, other than 366 million won (value-added tax separate); and (b) provided oral re-subcontracted for KRW 340 million to the Plaintiff, among the construction works of the “FF factory,” from Jink Greentech, Co., Ltd. (hereinafter “Jink Greentech”); and (c) provided oral re-subcontracted the instant construction work with KRW 366 million (value-added tax separate).

C. While the Plaintiff’s progress, the Defendants received an order for the appurtenant work outside the electrical room from Jakkintek, and the Defendants were also verbally subcontracted the said construction work to the Plaintiff.

(hereinafter referred to as “instant construction, etc.,” including all the appurtenant works outside the room.

On March 22, 2012, Defendant B, a business title of E, drafted the following agreements with the Plaintiff regarding the instant construction works, etc.:

1. up to 3/15 progress payments (see written requests) arising from work shall be treated in direct payment by the number of persons for each company in E;

(The settlement of the accrued progress payment shall be handled in E, and A shall actively cooperate with verification, etc. when the difference in the amount occurs). 2. Recognition of KRW 30,000 (30,000,000) of the construction cost which A has invested in the underground structure at the time of construction of the underground structure

3. Ten million won per day (12,000,000) from the construction cost incurred from the direct operation of the Jink Greentech and the total amount of one million won per day (8,000,000 won) from the construction cost for the works other than the electricity room and the outside construction work performed under an order issued by E, shall be included in the total amount of ten million won per day (20,000,000) from the construction cost for the outside construction work.

4.The payment of 50,000,000 Won (50,000) to A in the Field Director three-two-two (22) payments shall be mutually agreed and sealed that all of the construction costs incurred at the said site have been settled.

5.For the above cases, in the future.

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